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Patna High CourtCR. MISC./49044/2019bail granted

Bhaddu Harijan @ Bhaddo Harijan v. The State Of Bihar

2019-08-06Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49044 of 2019 Arising Out of PS. Case No.-1 Year-2017 Thana- DHURAIYA District- Banka ====================================================== 1.

Bhaddu Harijan @ Bhaddo Harijan, Son of Chichu Harijan Resident of Village-Gadiyan, Tola-Bishw Kaurwa, Police Station-Panjwara, DistrictBanka. 2.

Dhannu Harijan, Son of Chichu Harijan Resident of Village-Gadiyan, TolaBishw Kaurwa, Police Station-Panjwara, District-Banka. 3.

Kaddo Harijan @ Laddo Harijan, Son of Mahendra Harijan Resident of Village-Gadiyan, Tola-Bishw Kaurwa, Police Station-Panjwara, DistrictBanka. 4.

Chichu Harijan, Son of Late Matru Harijan, Resident of Village-Gadiyan, Tola-Bishw Kaurwa, Police Station-Panjwara, District-Banka. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Balram Kapri For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Dhoraiya P.S. Case No. 01 of 2017, registered under Sections 341, 323, 325, 308 and 504/34 of the Indian Penal Code. The accusation is that in the evening of 21.12.2016 when the informant went at his field then saw that Bhaddo Harijan (petitioner no.1), Laddo Harijan (petitioner no.3) and Chichu Harijan (petitioner no.4) were cutting his Arhar crops but on seeing, they flee away. When the informant went at house of the petitioners and made

Patna High Court CR. MISC. No.49044 of 2019(2) dt.06-08-2019 2/2 complaint then four persons named in the F.I.R. including the petitioners caused assault to the informant through lathi, in which, he sustained injury at his head.

Learned counsel for the petitioners submits that due to petty dispute scuffle took place, in which, informant sustained slight injury but with ulterior motive, the present case has been lodged with false allegation. Moreover, the injuries as found on the person of the informant is simple in nature and petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Dhoraiya P.S. Case No. 01 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T